A LAND DEAL.
f> rr.*r\r FOB COMMISSION-tjfMr-C. A. Wrsy, S.M., was occup'ed /{or sonw tims 31»p*traie» Court•«ferferd*T. in hearing » claim for £lO5 0» • 7d commission, brought by W • England against J. C. King. The lawyers engaged. in the caM had anticipated considerable 'legal argument, judgment by the array of ilfir, table, Wt jt-unnecessary, to Tjfrr uef IWtl raaniint. and gave judg- " e, # K * on 601,1 sfiks^ -•'VMr Coot appeared .for plaintiff and Mr far" defendant. sfSu opening- the ~case for the - plaintiff Sklr Cook saidythstiplaintiff > I, commis|l||n agent mTsin«ru,"and at the-time this •ction s arted, defendant was a farmer at Totars Valley. Mr King placed his farm 56$ Angland's bands for sale, and Angland •Hanged an exchange of farms as between' King and Bingham, the; latter * property . I>esng at Fairlie. Bingham was to buy King's property at £lB per acre, and King to take Bingham's farm at £l3 per *sw. The parties agreed to come-into Tlmaru to sign the necessary agreements afctite office of Messrs Smithfcon and Raynbnd, Kings solicitor. Aa showing that faad been effected and that Angland tuft earned his commission, Jlr Cook said' tint when Angland and King were returning on the ,train from Fairlie after inspection Bingham's farm King asked how n/uch cpmimion Angland was going to charge, and tbe latter repl : ed 1| per cent. Tnis ires a clear admission on tbe part of denude, and it; shut' defendant 'out from objecting to pay commission now. - Bingham came down to Tlmaru on the day fallowing tbe-deal and Angland got Bingham to sign a sale note. Angland and Bingham then went to tbe office of . Smithson and Raymond and inetructiaosjpers giv«a..to prepare the neceseaty doanmots. Jost a telegram wa« received from King refusing to come in to Timarn and since then he bad refused to cwopkttr Angland had done «U that was necessary *bd was entitled to his commission. He had brought tbe parties together, they had struck a bargain, and King could not, by refusing to come in and «gn the agreement, defeat Angland's claim to commissioa. .Strictly speaking Angland could claimdouble commission, but be was not doing so. Mr Code calkd, William Angland, who said that he was • commission agent in Timaru and nlaintiff in this action. iKisg's farm had been in .ha hands for*le for some tone. King had placed itifn" witness' hands for sale, giving him *«rbal induct ipQs. In accord anc« with witaese' attetnpied to sell tbe place. On January 3rd lie wrote to King informing him that be bad placed his farm under offer to Mr Chapman, of Waitohi. Guinness, and LeCren, also had the farm in their hands for sale, but King promised to take it, out of their bands, and give witness the sole right to •ell it. Witness first came into touch witb Bingham in the matter, about the middle of April, when be placed his farm' | at Fairlie in witnett»* bands for sale. Wit- \ ness told Kins about Bingham's farm, which contained 1100 am* and offered it to iim as he wsnted a larger place than th«- one ho owned of 389 acres. look Bingham to inspect King's place on April 24, and Bingham agreed to take it at £lßper acre if King would buy h«i> (Bingham s) farm. (Jn the following Mondav witness and King inspected Bingham's farm,,when King said tbe place was better svea than ifc bad -been represented to be, and be subsequently agreed to give £l3 an sera ; it. . Bingham accepted this, though he bad orfginallv asked £ls an «a€ for if King wked Bingham bow much money bs wanted in e»li' as payment for his farm, - and suggvs c<l £SOOO or £6OOO, tbe rest to be Mi on first mortgage Bingham *ud be thought he could manage that and a dt-tinNf bargain was struck. Dtbuk were arranged as to tbe dat« of giving possesion of the farms, am) in Mgani to otoer thing*. K m; asked Bingham not to touch a certain stack on hrs (Bingham's! farm as he ttuuiM wonW want it for chaff. On the «Tv down from Fairli* King a.»ked witnei what commesion he was going to charge, and witness *aid 2| per cent —tfw u.-ual. K ng faid that Datgety and Co. had sold about £30.000 worth of property for hi* people at 1 per cent., and be suggest<ed thai if he had first offered £l2 for Bingham a farm ho might have got it a jtound ? n *? r * Arrangement* were nwiif in Timarn at Mtwrs Smithoon am! Raymonds office, to fix np tbe nr.v*-a:r leg*.l formalities in connection with the .'•ale. but at tl» lan moment Kin? refused to complete. Wirnen* went out to King's place to ascertain why he would not *cn ths agT«emeent, and King replied - I'n, not going into town: get () g .j, c pba! •• «• gave no reason fo r rawing no refwracs to-Bingham's fiuamwl po>j. ' to ®- _ A wtfk or two laUr King iironiiK witn<s» that he would go in .and JSmitbv>n and, Raymond jiboui it. >"un>ilien witnev* had wtit!en Icti. ra to King, but withont and finally imtructed hj» *olkitonn to nritc. Wltnsas said that the comiw.'M«n he claim ed worked out at less than Chamber of Commerce rsfe*. Xo Mr Knv>lt<: King had n.-r« r K' vf n wi>oe»s inßtruct-ous m writing to u-tl his fdruT. He kuew that- witn«w« bad all titular* of it. Witne-H «iid not approarh King for Iravo to «eH the farto. K«ni; asked him to *<ll it. King had not. n>!<l
him that he was withdrawing h's farm from all the agents until after harvest. The negotiations between King anc'r Bingham were on the nature of an exchange*. (King asked Bingham not to take away 1500 bushels of oats and 600 Kicks of cbatf • which were on the farm, these being in--1 eluded in the sale price. Bingham also agreed ( to g r ve King the floor covering* in the house, and later on, after the bargain bad been settled, Bingham agreed to "throw in" 200 or JWO ewes. It was usual to get agreements signed at the time_ of malting them, but in this cnae the parties agreed to leave tbe signing until came into town. Witness denied that King had told bin* all along that Bingham's farm did not- suit liiin. that be did not like :t, and that he had others to consult, and that he would see witnees in (own about it on the following Wcdnesday. Mr Walter Raymond did not tell [witness that hie would not prepare the papers until be received instructions from King. King bad not found fault with wi.necs for taking Bingham to see bis. farm before he was ready to sell. Witness knew that Bingham bad since sold hj» farm. Could not say whether the price was £lO per acre. The following evidence of Edward Bine- ? a ™ *5 at a ®terton, and was put 3K P art h* ca^e: Bingham said he bad put his place on the market about Easter. Several agent* had it, including Angland. Heard thiough . JC6t . aftcr Easter that King's place was for 6ale, and of Uie possibility of I f t ® l S?, and Moving from witne«. On April "24th, went with Angland to Kings place and inspected it. Was introduced as a possible purchaser by Ansr- . Agred to buy bis place at £lB. provided be bought witness' place on sat"fac'rors Put on £ls per acre, and be offerd £l3. Arranged that King should wfl VL f J ,C T^. hi6 P On 27tb' April Angland and King went up to Fairlie. Showed them over the place. 'lhe price was not discussed until after lunch King said to witness, "Well, Mr Bingham, must confess that I am agreeably surprised; I never expected to find the" place so good as it is. To tell you the truth, 1 wa« in conversation with a man in town Saturday, and be told me practically tbat the place was not worth going up to •ee, and that it was only worth £ll> per acre; I almost decided not to coine ui}." . t€r while King said, "I won't » itness said, "Well, what is tro best oner you are prepared to make!" iung m^ ne pt», and then said, "Very well, I'll take it." Angladd said, "I'hen thaft> a i»'io agreed to buy King s place at £lB if be took witness' place at a satislactory price. 'Something was said about B®®** s ' oll - _ Nothing said, about a ' d<--po«t, but wiUmts believed he said he was navo JBTOOO on at 4i per cent, bargain made as to the sale of both places. Arranged to meet at ismitbson and Raymond's on Wedmsdav morning and settle details and sign agree- ? enl f>Jo r u 01 ,! 1 P laces - In making the offer ® or believed a month was menticmed tor giving possesion. Saw Smithson and Raymond, King's solicitor?, who expected him to complete, but- had had no in•tructiona from him. Angland went out » eee King the morning after receiving tbo wire, but lie refused to have anv thing more to do with it. To Mr Pownell: Witue» said he was the -jwncr of a property about 20 miles fronj defendants farm in the Geraldine district. Hfc purchase of defendant's place was conditional upon King buying his place at a satisfactory price. King never contracted m writing to buy his place except through jniinHlT. There was no offer in writing ifr- 8 or agent to buy witness' place. Witness placed his farm in Angland's hands for sale about four weeks before the document put in was signed. Av> far as he could remember he «ud he wa* asking £ls per acre, but whs prepared to i come . down. King agixed upon a price ! "J word of mouth. WitiK»* ntotber had I the power under h»> father's will to advance io any of the family up to onefourth of their interest. W'lmx he arranged to purchase the propert-v the purchase amounted to about £7COO b.r h'» own property, and lw a»kcd f.>r the advance of the £7OOO out of bis own in terest, which hL« niotln-r w;t* willing t" do. In onivr t<> protect bi.i inter>-«:. lie advi- u his mother's solicitor to tak»- i mortgage over the place lor £7(jOo. H.- <,\w<l bis mother £/000 on moitgage ov<t tbe pto pertv. and owetl Bank of « A land £23 M over tbe projierty. Could not .suit tb>t was on tegistered or unregi-t'tej mortgage. He owed .M« tJuiniK-M» and '■<etrxn .ilhiui £IOOO on utiwcurx-d aecoimt. Atso owed tlie National Mortgage mid Agency Company almut £6OO on account. liwinl tIM? CautetbuiT Fanii'io' ! Co oj>erativf Asocial ion about £2OO, a No j unr- rurrd. Owed th«" and M- n .intiU' | Comjany al>out £3OO. Apait from hii « x pectatinn* at Home, be wao tiot insolvent. After paying off ;nettmbrai»e«f» and otln r debts, he bad left aliotu £IOO. The title of b it l*n<l wa* now in Knglnnd. and wa«» | tlw-u- tbe trans.ictioii took pl.»«-e !»■ • twi.-n King and lnrtt»elf. The nil. d". ?* were heUl at Hon** to protect hi* uit« re»t or to held a» thej' wish-.d to bolti tb«-m. I'lk- d».e«ls u- jc >icni to b-M • •mix- they « inln-d to kcr]> thrui. King <!'eljned to purchase lii* farm at £.15 |» i .u:r. a lid «lin.«» .VCIUUIIIv hold ;! , t nun named Connell\. (Jot £lO j»-r .n;.for i!. ft £7O(X} on m>>rtg.tg>- at <y [>rr tent. for five y«-ai». Witiw—i had no; pievtotu«ly at!«niptcl an hange nitli a rn.in named H-ay, but !v at {•-inpted to rti-hatige with him. Thi» ri 1 hang"- (' 11 tbloilgb. l>.-«-.ivu»- Jtr.iv i-.-.dd i no* eoine '<• pat»f.ntory finaiu-iul .tiiang*nient*. Witnr«« t«.ld Angland li« would probably lw 1-aving for I'ligluil a- •—-n a* tli*' proj*-rty %nid. |»u| n<>? t<-!l j Angland that all the money exe-j.: iA-,' O J
could remain on mortgage over I he pioj>orty at 4i per cent. Did not remember authorising the plaintiff to tell King that all the purchase money could remain on mortgage at 4j per cent. Witness made his own valuation of Kings place; also asked other people. Did not attempt to gain a reduction of King's price. Augland and King went to look at his pioperty the day before the agreement put in w;is signed. After going over the property King said he was not prepared to give liiui £ls per acre for it. Angland did not) suggest £l3 per acre, but King did. Witness thought he agreed to throw in the oats and chaff if King bought at £l3. but would not swear to that. Told him he could have the floor coverings. The curtains were not mentioned.- Told Angland if he could complete within a week, or so he. would throw in 300 ewes. Was not prepared to say that h<? authorised Angland to '"throw in" the goodwill of a. leasehold. Angland, he thought, prepared the document signed by him. Did not get 'any document agreeing to sell King's property to him, from Kxng, ; Angland, or anyone else. A document to be signed by King, confirming the exchange, whs to be signed in Smhhson and Raymonds office on Wednesday in accordance with agreement. At that time witness was not in a petition to buy King's place unless he bought witness' placer Witrh.es sold to Connelly about three months ago. Had not- endeavoured to give a title yet. Witness 1 interest in the estate at Home was one quarter of £BO.OOO. He did not represent to Angland that his share was £40,000. Did'not remember King saying the farm did.not suit him. • King said he would meet him on the Wednesday to complete transactions. Was certain the transaction was not the -purchase of- one property, but the cross purchase of the two. Re-examined, witness said that after . King had repudiated lie had never been asked to buy independent of the sale of his own property to/Tiiin. In round figures, whije>?< was to pay .about £7OOO for Kings property, and he would pay about £15,0u0 tor witness' farm. If given time, apart from the sale, he could have raised £7OOO. The money witness got from Home was an advance out of his father's estate. The title was in his name. 'J Iw Hank of . Xe«" Zealand had a second mortgage, which he signed about two yeair> ago. When he «jld : he expected to get sufficient ca.-h u» pay ihj bank off, and a.oo the p'hvr liabilities. After the sale he got sufficient casn to payall unsecured liabilities, including the hank, and had £IOO in cash. Tlitna was still due tc lu'in ou. tli- property £7OOO, which remained at 5_ per cent. The total of his unsecured Jiabilitics was about £SOOO. Connelly paid Jiini about £I3OOO in cash. Witness had £IOOO in tlve Bank of Australasia, and he hatf over £IOOO worth of stock, which he sold. His wife had an account in the Bank of' AtMralasia, and he paid money into her account. About four qr five t he r-.ule to King fell through. inade aii effort to get King to cany out the agiepment. and offered special iiidueeriteiui . «ucb as throwing in idieep, etcr. l p to the time he sold to Connelly be had burn leady and willing to carry' out the contract. To the Court: Angland was to get the usual commission for the sale of bis place. The sale to Connelly was a sale purely. Witness left the matter in the hands of bi? agents to bring King to a compeltion." The agreement* referred to in the evidence as having been signed by Bingham, was as follows: —"I accept Mr Jas. Kings offer of- £l3 per acre for my farm, situated at- oats and chaff on the place to "be given, and on consideration of h.s giving me the above-mentioned price-for my farm I agree to purchase his Totara farm, containing about 400 acres, for tho sum of £lB per acre, as offered to me and accepted by me on the ,above-mentioned terms, and I hereby deposit the sum of £1 sterling." ilr Emslie opened tho case for the defence by calling . | J. C. King, the defendant., who said lie I had placed his farm in the hands ol Guinness and LeCren, the C.F.G.A., and Dolgetv and Co., for sale. About the beginning of this year Angland asked hhn for the sale, and witness said he would sell it at a price. Angland mentioned a probable client, but no 1 sale resulted then. At harvest time witness withdrew the farm from sale, until after harvest, and he had since sold it at ' £l7 15s per acre. Never placed the farm specifically in Angland's hands for sale. One Saturday Angland asked him in town, if he -was still thinking of selling the farm, and witness said yes. Angland said he thought he had a map who would buy it if witness would buy this man's farm (no name was mentioned). Witness said he did not like the idea, of an exchange of farms, and promised to give Angland an answer a3 to whether he would entertain the ptoposal, on tho following Saturday. Angland said tho man referred to had come into a fortune of £40,000. Angland took Bingham (the man referred to) out to see witness" farm on the following Friday and they partially. looked over, it. Witness was annoyed at 'Angland taking Bingham out before he was given leave to do so, but did not like to object once he was there. They asked witt&ss to go to Fairlie on the following Monday morning to see Bingham's farm, and he agreed to do so, though not. v<iv willingly. Witness lmid been told be fore going up, that Bingham's farm was worth £8 or £9 [Mr acn;, and he had •aid when he got there that it was better than he expected to find it. -After looking over the farm, witness told Angland that it would not suit him ami that the negotiations bad 'belter be ended at once. : Bingham and Angland Uieu pressed hiin to buy the farm and Bingham asked lutu what he valued it at. Witness said he could not make up his mind as to what its value was. Bingham asked £ls per acre for it, and then came down to £l3, besides offering to '"throw in" a lot of oats and chaff. 300 ewes, a leasehold, floor cloths and curtaius. etc. The way things were being "thrown in" made hint sunpiciou* and he made up his mind not to buy the farm, but promised to give them a definite answer on the following Wednesday ill Timarii. The conversation relative to commission, iu t-he tiain. was a general one. Angland said he had i got 2i per tent, on the *ale of Mr-ikle s j larni, and witue-s* leplied that he would j never pay >uih n commission ai he had j had experience of >ales at 1 |xr cent, j Angland was talking a» j though witne?« had Imuglit the farm. ! but uiine.iH told him tliai he wa> making j a big mistake and that he did not intend j to buf it. At a >ub*e<{ucnl date Hinghsm ( offend to "throw in" 500 Cives and the j gooduil! of a block of leasehold, but «it j it-•»«> would not ent«'itain the off.-i», and j finally, after Angland. who had gone j out to «it.n>,-.s' farm, had been prescing j h>ni for about 2 hours, witness oldetvd j him uff the place. In Titnatu ititnc«» = had told Angland that he would b» j willing to sell hi* farm to, Itiugliaiu. j but li.- Mould not buy Bingham'* farm ' a\ it did not *uil him. He had sine" ! b.~»n offend Bingham'* farm at £lO 10" ! jv r acre and hj" declined to take it. j To Mr Cook. If Angland hail »old in" i farm n it tie.** would have paid him the j tonimi»*ion. Willi- ■«.» eould not. a' ' j Angl-ind and l'>ingltam to take "no" «'•>! I all .•n>w<-r. Up m nt the wire tefen-d | to. he had pi utilised to giv«- .• j d- llfnt-- an»nei. Wh>n witnr«» «o!d | ln» farm there wj> a moitg.»g* „l ••v. i | on ii. j To Mr I.in*liP : \\jli>«-** ii.oi no; »r i j'lu-d '.<> any lcit<j» vtiiiirii him by j Ang'snd Thi* rih.iuv-.i the m th<* ' and Mr Kin»li«- wa» about ad ;!i< Court on '.i-.r In-.; Ilr j \Vi>r>iii|) ».nd ;• tsniinf t '1 he M.igi»t:.>:r in grring '.■ id it .
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